1 Attachment

We are writing in response to your correspondence dated 07 February 2014
in which you made a request for information in accordance with the Freedom
of Information Act 2000 (FOIA).

The Information Access team has now coordinated a response to your request
and we are able to confirm that the Care Quality Commission (CQC) does
hold recorded information in relation to this matter.

CQC are providing you with copies of the information in the attached
encrypted and password protected zip file. Please contact me on 0191 233
3505 for the password.

In order to fulfil the legal requirements imposed by FOIA we have also
attached/enclosed a notice which explains our decision in more detail.

CQC will always endeavour to provide the highest quality responses to
requests for information and seek to provide responses that are as helpful
as possible. We would therefore appreciate it if you can take some time to
complete our online feedback form by visiting the following website:

Statutory requests for information made pursuant to access to information
legislation, such as the Data Protection Act 1998 and the Freedom of
Information Act 2000, should be sent to [3][CQC request email].

Thank you for your response, however the files you sent are password-protected. As long as the password has not been received, they do not allow access to information as requested. Thus, you have not fulfilled your obligations under the Freedom of Information Act (FoIA) unless you send a password to this address or, preferably, send an unencrypted version of the files.

As this is the last day to send your response in compliance with the FoIA, as of tomorrow you will be in breach of sections 1(1)(b) and 10(1) of the Act.

For your information, the Information Commissioner has made very clear that the release of information under the FoIA is to the 'world at large' and that the Act makes 'no provision for the public authority to create conditions' such as encrypting or password protecting its response. See in particular paragraph 80 of S v Information Commissioner and the General Register Office (EA2006/0030; 9 May 2007):

'80. We wish to emphasise at this point that the Freedom of Information Act is applicant and motive blind. A disclosure under FOIA, is a disclosure to the public [ie the world at large]. In dealing with a Freedom of Information request there is no provision for the public authority to look at from whom the application has come, the merits of the application or the purpose for which it is to be used. Consequently, there is no provision for the public authority to create conditions of use pursuant to a FOIA disclosure or to indicate that such disclosure should be treated in confidence. A disclosure by the public authority of information already known to a party may well prove a more useable form of information to that applicant. Confirmation of information through disclosure legitimises it and creates an “official” version of information.'

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Statutory requests for information made pursuant to access to information legislation, such as the Data Protection Act 1998 and the Freedom of Information Act 2000, should be sent to [CQC request email].